2009 (5) TMI 847 - AT - Central Excise

Summary

Issues involved: Determination of duty liability under Section 3A of Central Excise Act, 1944 for goods manufactured on job work basis.

Summary:
The appeal was filed against an order-in-appeal regarding duty payment for goods manufactured on job work basis. The respondents were engaged in manufacturing Tor Steel and were paying duty under Section 3A of the Central Excise Act, 1944. They undertook conversion of billets into Tor steel for other parties. The Adjudicating Authority confirmed demand and penalties, but the Commissioner (Appeals) set aside the order. The Revenue contended that duty was required on job work under Notification No. 214/86. Despite no representation from the respondent, the appeal was considered. The issue was the excisability of goods manufactured on job work basis. The respondents had been discharging duty liability based on the Compounded Levy Scheme. The Tribunal found no grounds for demanding duty on job work items when duty was already being discharged based on production capacity. A similar issue was addressed by the High Court, concluding no further duty could be demanded for job work. The appeal by Revenue was rejected as devoid of merits.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) and rejected the appeal filed by the Revenue, emphasizing that duty liability was already being discharged based on production capacity, hence no additional duty was warranted for goods manufactured on job work basis.